SIR STEPHEN HOUSE, QPM CHIEF CONSTABLE AGAINST RMcK [2016] ScotSC 9 (05 February 2016)

SIR STEPHEN HOUSE, QPM CHIEF CONSTABLE AGAINST RMcK [2016] ScotSC 9 (05 February 2016)

The sheriff erred by focusing unduly on the respondent's role as a gymnastics coach and failing to give due weight to the general risk of sexual harm posed by the respondent to female children, as evidenced by his prior conviction and conduct. The risk was not materially diminished by the respondent's suspension from coaching. It was just to make the interim RSHO.

Citation
[2016] ScotSC 9
Parties
Applicant: Sir Stephen House, QPM Chief Constable; Respondent: R McK
Jurisdiction
Scotland
Judgment Date
05 February 2016
Procedural Posture
Summary Application (appeal) / Appeal Against Refusal of Interim Risk of Sexual Harm Order
Outcome
Appeal allowed; interim risk of sexual harm order granted
Legal Topics
Risk of Sexual Harm Orders, Interim Orders, Protection of Children, Appeal Procedure
Criminal Law Child Protection Civil Procedure Risk of Sexual Harm Orders Interim Orders Protection of Children Appeal Procedure

Case Brief

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Parties

Sir Stephen House, QPM Chief Constable

Applicant

R McK

Respondent

Procedural Posture

Summary Application (appeal) / Appeal Against Refusal of Interim Risk of Sexual Harm Order

Legal Issues

  1. 1 Whether the sheriff erred in refusing to grant an interim risk of sexual harm order (RSHO) against the respondent
  2. 2 Whether the risk posed by the respondent was limited to his role as a gymnastics coach or was general to female children
  3. 3 Whether it was just to make the interim RSHO

Ratio Decidendi

The sheriff erred by focusing unduly on the respondent's role as a gymnastics coach and failing to give due weight to the general risk of sexual harm posed by the respondent to female children, as evidenced by his prior conviction and conduct. The risk was not materially diminished by the respondent's suspension from coaching. It was just to make the interim RSHO.

Court Disposition

Appeal allowed; interim risk of sexual harm order granted

Orders

  • Each crave in the summary application amended to substitute 'unavoidable contact or contact incidental to daily life' for 'accidental or inadvertent contact'
  • Sheriff's interlocutor of 16 October 2015 recalled